Cicero Town City Zoning Code
ARTICLE X
Tree, Shrub and Brush Removal
[Added 8-22-2005 by L.L. No. 15-2005]
§ 210-37 Title.
This article shall be known as the "Tree, Shrub and Brush Removal Law of the Town of Cicero."
§ 210-38 Purpose.
The purpose of this article is to regulate the conduct and business practices of tree removal in the Town of Cicero.
§ 210-39 Definitions.
As used in this article, the following terms shall have the following meanings:
PERSON
An individual, firm, partnership, corporation or any other association or legal entity and any principal, agent, contractor or employee thereof.
TOWN BOARD
The Town Board of the Town of Cicero.
TOWN CLERK
The Town Clerk of the Town of Cicero.
TOWN COUNSEL
Any person serving at the time as the attorney for the Town of Cicero.
TREE REMOVAL BUSINESS
Any business or service conducted where the person or persons, in part or in whole, deal with or conduct the cutting and/or removal of trees, shrubs, brush, weeds, yard waste or any other foliage.
TREE REMOVAL PERSONNEL
A person or persons, either as principal, agent, contractor, employee or representative, who engages or proposes to engage in a tree, shrub or brush removal business.
§ 210-40 License required.
It shall be unlawful for any person to perform within the Town of Cicero tree, shrub or brush cutting or removal business(es) or service(s) as defined in this article, or assist such a person so acting, without first having obtained and paid for, and having in full force and effect, a license for such activities as defined and provided for in this article.
§ 210-41 Contents of application.
A.
Any person desiring to obtain a tree removal license as herein provided shall file with the Town Clerk a written application upon a form furnished by the Town Clerk.
B.
An applicant for a tree removal license shall provide the following in addition to any other requirements set forth on the application provided by the Town Clerk:
(1)
The address and telephone number of the applicant's residence and place of business and duration of time at such address.
(2)
The identity of the company or service represented by the applicant or by whom the applicant is employed, together with documents establishing the service or company's principal place of business, the form of organization, the identity of ownership and authority of said company or service to do business in the State of New York. Applicants shall also disclose the identities and the addresses of shareholders, officers, directors, members, partners or such similar persons as required by the Town of Cicero.
(3)
A brief description of the nature of the business and the types of services the company or service performs.
(4)
Satisfactory evidence that the applicant is fully bonded and insured for the work to be conducted upon the issuance of a permit under this article.
§ 210-42 Exemptions.
A.
The licensing provisions of this article shall not apply to:
(1)
Business conducted pursuant to statute or by order of any court.
(2)
Business conducted by any discharged member of the United States Armed Forces who has procured a license issued by the County Clerk as provided by § 32 of the General Business Law of the State of New York.
(3)
Business conducted pursuant to contract or authority with the Town of Cicero for refuse removal services.
B.
Notwithstanding any exemption granted herein, all persons exempted herein shall, however, file an application with the Town Clerk claiming such exemption on a form provided by the Town Clerk before the commencement of any business or transaction described herein.
C.
This article shall not be construed so as to unlawfully burden or interfere with interstate commerce.
§ 210-43 Issuance or denial of license.
A.
Upon the filing of the application, the Town Clerk shall, upon approval of such application, issue to the applicant a license in accordance with this article. A license may be refused if the applicant has been convicted of a misdemeanor or felony which, in the reasonable discretion of the Town Clerk, renders the applicant unfit or undesirable to carry on the trade or occupation consistent with a tree removal service or company. No license shall be issued by the Town Clerk until the Town Clerk has had reasonable opportunity to determine the applicant's fitness and in no event prior to the passage of five business days following the day on which the application is received, except that such five day requirement may be waived solely in the Town Clerk's discretion in the event of special or exigent circumstances requiring immediate relief for a town resident. The Town Clerk shall not issue a license to any applicant who is unable to provide satisfactory evidence of insurance as set forth in § 210-41.
B.
No applicant who has been refused a license under this article or has had a license revoked under this article shall make any further application for a license for a period of six months after denial or revocation, and in no event shall reapplication be made at any time without submission of proof that the reason for prior refusal or revocation no longer exists.
C.
Any applicant who is refused a license by the Town Clerk may apply to the Town Board for such license, and the same may be granted or refused by the Town Board, except as prohibited by Town Law § 137.
§ 210-44 Nonassignability of license.
A license shall not be assignable. Any holder of any license who permits it to be used by any other person or entity, and any person or entity who uses such license granted to another, shall each be guilty of a violation of this chapter.
§ 210-45 Loss of license.
Whenever a license obtained under this article is lost or destroyed on the part of the licensee, or the licensee's agent or employee, a duplicate in lieu thereof, under the original application, may be issued by the Town Clerk, upon the filing with the Town Clerk of an affidavit setting forth the circumstances of the loss and what, if any, search has been made for its recovery.
§ 210-46 Content and record of license.
All licenses shall clearly state the type of vehicle to be used for the tree removal, the types of services rendered, the Town's designated number of license, the date of issuance and expiration of the license, the fee paid and the name and address of the licensee.
§ 210-47 Term of license.
A license issued under this article shall be for such term as requested by the applicant, but in no event for a term greater than one year from the date of issuance.
§ 210-48 Exhibition of license.
Every licensee, while exercising his or her license, shall carry the license with him or her and shall exhibit the same upon demand.
§ 210-49 License fee.
The fee for a license granted under this article shall be in an amount as determined by the Town Board.
§ 210-50 Revocation of license.
A license issued pursuant to this article may be revoked by the Town Board after a public hearing as provided in Article 9 of the Town Law.
§ 210-51 Records.
The Town Clerk shall keep and maintain records of all applications and all licenses granted under this article, specifying the number and date of each license, the expiration date of each license, and the date of revocation of all licenses revoked.
§ 210-52 Removal.
All licensees under this article shall be responsible for removing and disposing of any and all trees, limbs, shrubs or brush cut by the licensee. A licensee shall not be permitted to allow any cut trees, limbs, shrubs or brush to be left on the property from which they were cut, in any public right-of-way, or curbside for pickup by the Town. Any violation of this section shall be a violation punishable in accordance with this chapter.
§ 210-53 Penalties for offenses.
A violation of the provisions of this chapter shall be an offense punishable as provided in Article IX of this chapter. Violations of this article continuing for more than seven days shall be a separate and additional violation for each week thereafter or portion thereof during which such violation continues.